 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Thompson12/17/2002
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
Faronta R. Thompson ("defendant") appeals from his felony conviction of operating a motor vehicle to elude arrest. Defendant subsequently tendered a plea of guilty to his habitual felon status. The trial court entered judgment and sentence against defendant pursuant to the Habitual Felon Act. For the reasons set forth herein, we uphold the judgment of the trial court.
The State's evidence at trial tended to show the following: On 26 February 2001, Officer Wayne Cannuci ("Officer Cannuci"), Officer Tammy Pipkin ("Officer Pipkin"), and Officer Jason Graham ("Officer Graham") of the Goldsboro Police Department were conducting a traffic checkpoint for driver's licenses. Defendant approached the checkpoint in a white Dodge Neon and reduced hisspeed. Police officers directed defendant to stop his car, however, defendant accelerated through the checkpoint. Officer Cannuci and Officer Graham got in their patrol cars and pursued defendant.
As defendant fled from the officers, he drove approximately seventy miles per hour in a forty-five mile per hour speed zone. The officers followed defendant until the street ended and defendant exited the Neon. Defendant ran toward an apartment complex and Officers Canucci and Graham continued to pursue defendant. The officers were unable to apprehend defendant and returned to the location of the Neon.
Upon returning to the abandoned Neon, Officers Canucci and Graham found Tiffany Weeks ("Weeks") talking with other police officers. Weeks testified that she rented the Neon and did not know how it got from her apartment to where police found it. Weeks further testified that police officers were looking for written rental information for the car and she informed them that the information was inside her apartment. Weeks then offered to retrieve the information and police officers accompanied her to the apartment, which was in the direction that police pursued defendant. Upon arriving at the apartment, Weeks was unable to enter the apartment. She informed police officers that she had left her three children inside the unlocked unit. After several attempts to enter the apartment, defendant unlocked the door from the inside of the apartment. According to trial testimony, defendant and Weeks are the parents of two children and defendant informed Weeks that he was at the apartment to visit his children. Although defendant was wearing different clothing, Officers Graham and Pipkin identified him as the driver of the Neon. Officers Pipkin and Graham searched the apartment, but were unable to locate any of defendant's clothing. Defendant was arrested, and it was later determined that his driver's license was in a state of revocation on 26 February 2001.
At trial, the jury found defendant guilty of operating a motor vehicle to elude arrest. The trial court sentenced defendant as a habitual felon. Defendant was sentenced to imprisonment for a minimum term of ninety-two months' and the maximum term of 120 months'. Defendant appeals.
Defendant contends that the trial court erred in (1) denying his motion to dismiss the charge of felonious operation of a motor vehicle and (2) imposing judgment and sentence against him pursuant to the Habitual Felon Act. For the reasons set forth herein, we conclude that the trial court committed no error.
By his firs
Page 1 2 3 4 5 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|